NICKSON NGODODI CHANZU V. REPUBLIC

JUDGMENT OF THE COURT

NICKSON NGODODI CHANZU, the appellant, was after trial convicted on 26^th February, 2003 by the Senior Resident Magistrate’s Court in Vihiga (Mr. Kinyanjui) of robbery with violence contrary to section 296(2) of the Penal Code and sentenced to death. His first appeal to the High Court of Kenya at Kakamega (Sergon and Kariuki, JJ) was dismissed on 28^th April, 2005 and hence this is a second appeal.

It is contended before us by Mr. Odunga, for the appellant, that the first appellate court erred in not re-evaluating the evidence on record but merely repeated what the trial court had concluded. He went further to highlight some contradictions which he stated were material but were ignored by that court. These omissions in Mr. Odunga’s view, ought to have been resolved in favour of the appellant and the failure to do so had occasioned a failure of justice to the appellant and consequently the conviction should not be sustained.

The learned State Counsel, Mr. Musau, associ…